MENSTRUAL LEAVE AND GENDER EQUALITY

Abstract

Menstrual leave is one of the latest developments in Spanish law. By amending their labour law in order to recognize the right to menstrual leave, Spanish legislators have brought this topic back into the spotlight of European labour law. Although recognized in various legislations around the world, most notably in Asia, the right to menstrual leave has not been established as an international labour law standard. Therefore, there are many open questions concerning its recognition, the content of the legal institute, as well as the consequences of its introduction into the labour legislation. Authors deal with the question whether menstrual leave is a need of women today, so its introduction to labour law can be treated as a progressive legislative development. If so, what is the justification for introducing such special leave and in which circumstances it should be provided? In order to analyse these questions in more detail, research has been divided into several sections. After the introductory part, authors deal with the reasonings pro et contra introducing menstrual leave to national legislation. This is followed by comparative analysis of normative solutions in all countries that recognize the right to menstrual leave, and brief analysis of the possibility to introduce this right to the EU acquis. Finally, in concluding remarks authors offer the broader picture of the potential role and position of the menstrual leave in the national labour law and antidiscrimination law.